Suspension letter served by Magashule to Ramaphosa is unlawful, court hears

Advocate Wim Trengove has accused Ace Magashule of framing the suspension letter he unilaterally penned to Cyril Ramaphosa as if the party's president had a matter before the courts and as if he too should be impacted by the ANC's Rule 25.70.

FILE: ANC president Cyril Ramaphosa and party secretary general Ace Magashule. Picture: Eyewitness News.

JOHANNESBURG - Advocate Wim Trengove on Friday said embattled ANC secretary general Ace Magashule’s suspension letter to party president Cyril Ramaphosa was dishonest and unlawful.

Trengove is the legal representative of Ramaphosa, the ANC and deputy secretary general Jessie Duarte. He has made arguments before a full bench of the High Court in Johannesburg.

He's accused Magashule of framing the suspension letter he unilaterally penned to Ramaphosa as if the party's president had a matter before the courts and as if he too should be impacted by the ANC's Rule 25.70.

Magashule himself is on suspension and has been trying to get the courts to overturn it, while asking for the one he issued out to Ramaphosa to be validated.

Trengove said the letter was thoroughly dishonest and thoroughly flawed.

“You will see that it purported to be a suspension under Rule 25.70 and for that reason, distorted the facts in an attempt to bring it within Rule 55.70, but did so spurious grounds.”

Trengove also poked holes in Magashule's claims that he did not get a fair hearing, factionalism of him being targeted by the 2017 step aside resolution, or even that the embattled secretary general's intentions were correct when he issued a suspension letter against Ramaphosa.

READ:

- Ace Magashule accused of 'moving ground' every time he's in trouble

- Ramaphosa, Duarte to present arguments against Magashule in suspension matter

- Magashule’s lawyer: His suspension infringes on his constitutional rights

Magashule's counsel Dali Mpofu wants the court to validate the suspension letter he unanimously penned to the party's president, while at the same time, declaring his own suspension as invalid, unlawful and unconstitutional.

He's also asked the court to give its own interpretation on the ANC's step aside resolution.

The High Court has heard that Magashule had many opportunities to state his case to the party.

Advocate Trengove said it was not true that he never had opportunities to raise his concerns about the step aside resolution.

He’s told the court that Magashule’s engagement with the integrity commission, which called for him to vacate office, was exactly that.

Trengove also said Magashule was present at every step leading up to his suspension and he could have said something then.

“On the question of whether they should adopt the guidelines, we don’t know whether you participated in that discussion, but you at least had the opportunity to speak. That’s all it requires, an opportunity to speak.”

On Friday afternoon afternoon, Magashule’s legal representatives will have a chance to rebut some of the arguments put forward by Trengove.

The matter is expected to wrap on Friday.

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